Kentucky proposes stricter licensing to combat underage vaping

CINCINNATI (WKRC) – Despite the passage of Kentucky House Bill 11, which aims to curb underage vaping by limiting e-cigarette sales to people 21 and older and banning flavored e-cigarettes. some believe the legislation is inadequate.

“If we want to prevent underage vaping and smoking, the laws need to be somewhat robust,” said State Senator Jimmy Higdon.

Higdon expressed concern that the Alcoholic Beverage Control (ABC), which oversees sales, did not have sufficient authority to effectively enforce the law.

“There’s not much ABC can do about a retailer that continues to sell to underage people,” Higdon said.

In response, Higdon is drafting a new bill that would require all businesses that sell cigarettes or e-cigarettes to be licensed through Kentucky.

“What this bill does is it requires every business that sells vapes, cigarettes or both to purchase a license,” Higdon said.

The proposed law would impose fines starting at $1,000 on those selling to minors, with the possibility of losing the license if the fines are not paid.

“Retailers who are fined don’t pay the fines,” Higdon said.

He emphasized that threatening to revoke the licenses of repeat offenders could reduce the problem.

“If you weren’t licensed in Kentucky, that would give ABC the ability to seize your inventory if you continued to sell it,” Higdon added.

ABC officers would conduct annual checks to ensure compliance.

“We want to make sure bad actors know they need to keep doing this, but there are consequences,” Higdon said.

The bill will not change any provisions of Bill 11, which comes into force in January 2025.